Legality of participating informers

Abstract

The Regulation of Investigatory Powers Act 2000 does, for the first time, place the use of informers and other undercover agents onto a statutory basis. This is required to help meet the challenges of the Human Rights Act 1998. However the Act and its Codes are not particularly forthcoming when it comes to the use of participating informers, those informers who are allowed to become involved with crime in order to provide information for the police. The dangers of these types of operations are reasonably well documented and this note seeks to explore whether their use is still permitted in the Human Rights era.